Licensing Act 2003 - Review of Premises/Club Licence

Premises which do not operate in an acceptable way in terms of the licensing objectives may be called in for review and have their scope of operation reduced by the licensing authority. An “interested party” may apply for a review of a licence or certificate that is in force.

Interested parties

The Licensing Act 2003 defines interested parties as:

A person living in the vicinity of the premises
A body representing persons who live in that vicinity
A person involved in a business in that vicinity
A body representing persons involved in such businesses.

Calling for a review of an existing licence

The Licensing Act 2003 includes the ability for a local resident, a local business or a responsible authority to call a review of an existing licence or certificate. However, any application to have a premises licence or a certificate reviewed must clearly show how the operation of the premises has not promoted, or worked against, one or more of the Licensing Objectives.

The Licensing Objectives are:

The prevention of crime and disorder
Public safety
The prevention of public nuisance
The protection of children from harm

The licensing authority can reject any ground for review if it considers it to be “frivolous”, “vexatious” or a “repetition”.

Interested parties cannot apply for a review anonymously, even if somebody else (e.g. a local MP or councillor) is applying for a review on their behalf. This is because, for example, the licensing authority needs to be satisfied that the person who wants the review lives in the vicinity of the premises, and is not being vexatious. Similarly, it is important that the licence holder is also able to respond to an application for a review, for example, if they believe the applicant does not live in the vicinity. If interested parties are concerned about possible intimidation, they could consider asking the police, or another appropriate responsible authority to apply for a review on their behalf.

Once an application for a review has been received and accepted by the Licensing Authority it must be advertised. To advertise the application for review the Licensing Authority will place a notice, of A4 size or larger, on, at or near the premises which is subject to the application.

Local residents and responsible authorities may also make representations relating to the premises subject to review within 28 consecutive days of the original application being made.

Following the 28 consecutive day period the application for review will be put before the Licensing Sub-Committee unless all parties involved reach agreement about the future operation of the premises and the Licensing Authority agrees a hearing is no longer necessary.

Any interested party or responsible authority making the initial application for the review of a premises licence or club premises certificate must serve notice of the application on the Licensing Authority, the holder of the licence or certificate and each of the responsible authorities.

Things you may want to consider when seeking a review:

It may be helpful to get the backing of other people living, or businesses operating in the vicinity of the premises, or other “responsible authorities”.
Look at your licensing authority’s official records about the premises, kept in their ‘licensing register’. This will show you if other people have made representations, or asked for a review of a premises in the past
If you are thinking of raising a petition, it is important to ensure that the Licensing Authority can determine whether all the signatories are within the ‘vicinity’ of the premises. So, including their addresses and indicating clearly what grounds they are all asking for a review would be helpful. It would also help if a spokesperson could volunteer to receive details about the hearings etc. from the licensing authority and may be willing to speak on behalf of the petitioners at the hearing.
For individual incidents, try to get as much information as possible about any official response (e.g. – police being called out).
You may also be able to back up your application with data such as crime statistics. However, it should be noted that conditions attached to licences cannot seek to manage the behaviour of customers once they are beyond the direct management of the licence holder and his staff or agents, but can directly impact on the behaviour of those under the licensee’s direction when on his premises or in the immediate vicinity of the premises as they seek to enter or leave.
If there is general noise nuisance on streets because of licensed premises, you will probably need to show how it relates to the specific premises.
It is important to be able to back up your claims. You could do this by keeping a diary over a period of time, for example. Sound or video recordings may also be helpful. It may also be a while before any hearing, so it is good to keep a clear record.
Residents or businesses applying for a review following a particular incident should be cautious, as a licensee may argue that this was a one off problem that can be rectified without a review.
Have a good idea how you’d like the situation to be resolved.

Please contact the Licensing Team to discuss or apply for a Review of a Premises Licence or Club Premises Certificate. Click here for our contact details.